Legal Opinion
Jon Sommervold v. Wal-Mart, Inc.
Court of Appeals for the Eighth Circuit
Decided March 13, 2013No. 12-2721PublishedCited by 7 opinions
1Opinion of the Court
LOKEN, Circuit Judge.
Jon Sommervold’s hands were injured in August 2008 when a battery-operated toy purchased at a Wal-Mart store in Aberdeen, South Dakota, exploded after Sommervold picked it up to see why it was malfunctioning. With the three-year statute of limitations about to expire and the toy manufacturer bankrupt, Sommervold filed this tort action in South Dakota state court against the retailer, naming as defendant Wal-Mart, Inc. (“Wal-Mart”). 1 Wal-Mart removed the action to federal court and moved to dismiss for insufficient service of process. See Fed.R.Civ.P. 12(b)(5). After…
2Cases cited6 opinions
- Marilyn M. Marshall v. Mikel WarwickCourt of Appeals for the Eighth Circuit · 1998
- Wagner v. TruesdellSouth Dakota Supreme Court · 1998
- Kasselder v. KappermanSouth Dakota Supreme Court · 1982
- Spade v. BranumSouth Dakota Supreme Court · 2002
- White Eagle v. City of Fort PierreSouth Dakota Supreme Court · 2000
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Government Employees Retirement System v. Government of Virgin Islands Office of Attorney GeneralSuperior Court of The Virgin Islands · 2016
- PIRS Capital, LLC v. Renee WilliamsCourt of Appeals for the Eighth Circuit · 2022
- Dumas v. Tenacity Constr. Inc.Massachusetts Appeals Court · 2019
- Ferenczi v. City of New YorkDistrict Court, E.D. New York · 2019
- Hadden v. University Accounting ServicesDistrict Court, S.D. Florida · 2020
2 more not listed; retrieve them via the Exa API.